[Federal Register Volume 77, Number 94 (Tuesday, May 15, 2012)]
[Rules and Regulations]
[Pages 28471-28472]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-11763]
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Rules and Regulations
Federal Register
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This section of the FEDERAL REGISTER contains regulatory documents
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Federal Register / Vol. 77, No. 94 / Tuesday, May 15, 2012 / Rules
and Regulations
[[Page 28471]]
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OFFICE OF PERSONNEL MANAGEMENT
5 CFR Part 532
RIN 3206-AM62
Prevailing Rate Systems; Abolishment of Montgomery, PA, as a
Nonappropriated Fund Federal Wage System Wage Area
AGENCY: U.S. Office of Personnel Management.
ACTION: Interim rule with request for comments.
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SUMMARY: The U.S. Office of Personnel Management is issuing an interim
rule to abolish the Montgomery, Pennsylvania, nonappropriated fund
(NAF) Federal Wage System (FWS) wage area and redefine Chester,
Montgomery, and Philadelphia Counties, PA, to the Burlington, NJ, NAF
wage area and Luzerne County, PA, to the Morris, NJ, NAF wage area.
Bucks County, PA, will no longer be defined. These changes are
necessary because the closure of the Naval Air Station Joint Reserve
Base (NAS JRB) Willow Grove left the Montgomery wage area without an
activity having the capability to conduct a local wage survey.
DATES: Effective date: This regulation is effective on May 15, 2012. We
must receive comments on or before June 14, 2012. Applicability date:
FWS employees remaining in the Montgomery NAF wage area will be
transferred to the Burlington and Morris NAF wage area schedules on the
first day of the first applicable pay period beginning on or after May
15, 2012.
ADDRESSES: Send or deliver comments to Jerome D. Mikowicz, Deputy
Associate Director for Pay and Leave, Employee Services, U.S. Office of
Personnel Management, Room 7H31, 1900 E Street NW., Washington, DC
20415-8200; email pay-leave-policy@opm.gov; or FAX: (202) 606-4264.
FOR FURTHER INFORMATION CONTACT: Madeline Gonzalez, (202) 606-2838;
email pay-leave-policy@opm.gov; or Fax: (202) 606-4264.
SUPPLEMENTARY INFORMATION: The Montgomery, Pennsylvania,
nonappropriated fund (NAF) Federal Wage System (FWS) wage area is
presently composed of one survey area county, Montgomery County, and
four area of application counties, Bucks, Chester, Luzerne, and
Philadelphia Counties. Under section 532.219 of title 5, Code of
Federal Regulations, the U.S. Office of Personnel Management (OPM) may
establish an NAF wage area when there are a minimum of 26 NAF wage
employees in the survey area, the local activity has the capability to
host annual local wage surveys, and the survey area has at least 1,800
private enterprise employees in establishments within survey
specifications. The Department of Defense (DOD) notified OPM that the
closure of the Naval Air Station Joint Reserve Base (NAS JRB) Willow
Grove left the Montgomery wage area without an activity having the
capability to conduct a local wage survey. The NAF FWS employment in
Montgomery County is currently 20 employees at NAS JRB Willow Grove.
DOD recommended that OPM abolish the Montgomery NAF FWS wage area and
redefine Chester, Montgomery, and Philadelphia Counties, PA, to the
Burlington, NJ, NAF wage area and Luzerne County, PA, to the Morris,
NJ, NAF wage area.
Since Chester, Luzerne, Montgomery, and Philadelphia Counties will
have continuing NAF employment and do not meet the regulatory criteria
under 5 CFR 532.219 to be separate survey areas, they must be areas of
application. In defining counties as area of application counties, OPM
considers the following criteria:
(i) Proximity of largest facilities activity in each county;
(ii) Transportation facilities and commuting patterns; and
(iii) Similarities of the counties in:
(A) Overall population;
(B) Private employment in major industry categories; and
(C) Kinds and sizes of private industrial establishments.
In selecting a wage area to which Chester County should be
redefined, proximity favors the Harford, MD, NAF wage area. All other
criteria are indeterminate. Based on the mixed nature of the regulatory
analysis findings, we believe the fact that Chester County is
geographically linked to Bucks, Delaware, Montgomery, and Philadelphia
Counties, with all five counties encompassing the greater Philadelphia
area, provides strong evidence that these counties should remain
together. Therefore, OPM recommends that Chester County be redefined as
an area of application to the Burlington NAF wage area.
In selecting a wage area to which Montgomery and Philadelphia
Counties should be redefined, proximity favors the Burlington NAF wage
area. All other criteria are indeterminate. Based on the application of
the regulatory criteria, OPM recommends that Montgomery and
Philadelphia Counties be redefined as areas of application to the
Burlington NAF wage area.
In selecting a wage area to which Luzerne County should be
redefined, proximity favors the Morris NAF wage area. All other
criteria are indeterminate. Based on the application of the regulatory
criteria, OPM recommends that Luzerne County be redefined as an area of
application to the Morris NAF wage area.
OPM is removing Bucks County from the wage area definition. There
are no longer NAF FWS employees working in Bucks County. Under 5 U.S.C.
5343(a)(1)(B)(i), NAF wage areas ``shall not extend beyond the
immediate locality in which the particular prevailing rate employees
are employed.'' Therefore, Bucks County should not be defined as part
of an NAF wage area.
The Burlington NAF wage area will consist of one survey county,
Burlington County, NJ, and nine area of application counties: New
Castle County, DE; Atlantic, Cape May, Monmouth, Ocean, and Salem
Counties, NJ; and Chester, Montgomery, and Philadelphia Counties, PA.
The Morris NAF wage area will consist of one survey county, Morris
County, and three area of application counties: Somerset County, NJ,
and Luzerne and Monroe Counties, PA. The Federal Prevailing Rate
Advisory Committee, the national labor-management committee responsible
for
[[Page 28472]]
advising OPM on matters concerning the pay of FWS employees, has
reviewed and recommended these changes by consensus.
Waiver of Notice of Proposed Rulemaking and Delay in Effective Date
Pursuant to 5 U.S.C. 553(b)(3)(B) and (d)(3), I find that good
cause exists to waive the general notice of proposed rulemaking. Also
pursuant to 5 U.S.C. 553(d)(3), I find that good cause exists for
making this rule effective in less than 30 days. This notice is being
waived and the regulation is being made effective in less than 30 days
because the closure of NAS JRB Willow Grove left the Montgomery wage
area without an activity having the capability to conduct a local wage
survey and the remaining NAF FWS employees in Chester, Montgomery, and
Philadelphia Counties must be transferred to a continuing wage area as
soon as possible.
Regulatory Flexibility Act
I certify that these regulations will not have a significant
economic impact on a substantial number of small entities because they
will affect only Federal agencies and employees.
List of Subjects in 5 CFR Part 532
Administrative practice and procedure, Freedom of information,
Government employees, Reporting and recordkeeping requirements, Wages.
U.S. Office of Personnel Management.
John Berry,
Director.
Accordingly, the U.S. Office of Personnel Management is amending 5
CFR part 532 as follows:
PART 532--PREVAILING RATE SYSTEMS
0
1. The authority citation for part 532 continues to read as follows:
Authority: 5 U.S.C. 5343, 5346; Sec. 532.707 also issued under
5 U.S.C. 552.
Appendix B to Subpart B of Part 532--Nationwide Schedule of
Nonappropriated Fund Regular Wage Surveys
0
2. Appendix B to subpart B is amended by removing, under the State of
Pennsylvania, the entry for ``Montgomery.''
Appendix D to Subpart B of Part 532--Nonappropriated Fund Wage and
Survey Areas
0
3. Appendix D to subpart B is amended for the State of Pennsylvania by
removing the wage area listing for Montgomery, PA, and for the State of
New Jersey by revising the wage area listings for Burlington, NJ, and
Morris, NJ, to read as follows:
* * * * *
NEW JERSEY
Burlington
Survey Area
New Jersey:
Burlington
Area of application. Survey area plus:
Delaware:
New Castle
New Jersey:
Atlantic
Cape May
Monmouth
Ocean
Salem
Pennsylvania:
Chester
Montgomery
Philadelphia
Morris
Survey Area
New Jersey:
Morris
Area of application. Survey area plus:
New Jersey:
Somerset
Pennsylvania:
Luzerne
Monroe
* * * * *
[FR Doc. 2012-11763 Filed 5-14-12; 8:45 am]
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